WellSpan: Employees must get flu shot, or risk being fired

The organization is mandating that all workers be vaccinated 'to guard against spreading the flu,' an executive said.

In this 2005 photo, then-York Hospital chairman Dick Brown is framed by a line of new bassinets while he tours the hospital's new patient care tower. Wellspan Health is trying to cut down the chances that its workers, including those at York Hospital, could pass on the flu to patients by requiring workers to get flu shots. (DAILY RECORD/SUNDAY NEWS -- File)

York, PA -

This year, WellSpan Health -- one of York County's largest employers -- will require its workers to receive an annual flu vaccine or risk a week-long unpaid suspension and possible termination.

"A mandatory flu vaccination, while unpopular with some people, is the best way to guard against spreading the flu," said Bob Batory, senior vice president and chief human resources officer at WellSpan. "We believe it's our obligation to provide the safest environment for our patients and staff members possible."

Influenza leads to an average of 23,000 deaths a year across the nation, according to the Centers for Disease Control and Prevention.

The Pennsylvania Department of Health, along with other health-based coalitions and authorities, encourages healthcare institutions to make vaccinations a condition of employment, Batory said.

"People who are ill are already in a compromised position," he said. "We don't want to put people at further risk."

All of WellSpan's more than 9,000 employees, volunteers, physicians, vendors, contractors and students must be vaccinated against the flu by Nov. 1, he said.

Almost 100 employees have sought exemptions for medical or religious reasons. Aside from those who qualify, WellSpan will suspend any employee who doesn't meet the deadline.

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"If they don't get the vaccine by the end of the week, they will face termination," Batory said. "We really don't want anyone to leave the organization, but we understand that it's a possibility."

If a worker was fired, he or she would have little recourse. Pennsylvania is classified as an at-will employment state, said Dr. Mary Meisenhelter, professor of management and organization at York College. She teaches labor relations and human resource management.

Aside from a few exceptions, an employer in an at-will state can fire any worker for any reason at any time, Meisenhelter said.

"In this case, there really isn't a direct violation of workers' rights," she said.

A push for more to get shots

For years, WellSpan has strongly encouraged its workers to voluntarily take a free flu shot, with mixed results, Batory said.

In 2012, WellSpan found that its workers vaccination rate had hit 79 percent, he said.

The goal for healthcare providers, across the state, is to have more than 90 percent of their workers immunized against the flu, Batory said.

Like WellSpan, Memorial Hospital offers free flu shots to all its employees, said Jason McSherry, a spokesman for the hospital. Last year, more than 96 percent of its workers participated in the company's voluntary vaccination program.

In the past, WellSpan officials thought that their continued encouragement for voluntary inoculations could get its rate above 90 percent, Batory said.

However, its 79 percent rate, coupled with its concern for patients, led to WellSpan's decision to make the shots mandatory, he said.

The same type of policy worked in Lancaster.

In 2012, after years of asking its staff to voluntarily take a flu shot, Lancaster General Health issued its own mandate requiring all workers to be immunized, said Dr. Neil Greene, chief of the division of infectious diseases and chairman of the infection control and prevention department with Lancaster Heath Alliance.

In that one year, the vaccination rate jumped from 70 percent to 98 percent, he said.

"We did get very good response," he said. "We only had one person who decided to leave the hospital and go elsewhere. It's always difficult with something like this, but patient care is paramount."

As has happened at WellSpan, a small number of workers with Lancaster General requested either a medical or religious exemption.

"For those workers, we asked them to wear a mask for the whole work day that they are in the building and to wash their hands often," Greene said. "They can only take the masks off during lunch."

Meisenhelter said she questions why Wellspan employees who object to the vaccinations -- those not exempt for religious or medical reasons -- could not simply ask to wear a mask and avoid disciplinary actions.

Greene said such cases have arisen and have been dealt with on a case-by-case basis.

"You don't want that to become widespread issue," he said. "Masks and hand washing may not give enough protection to the patients. Sometimes, a person might forget to wear their masks or it might not fit properly."

For example, the committee tasked with evaluating medical exemptions might look at records that indicate a person could have an adverse reaction to the flu vaccine, Batory said.

WellSpan has contracted with a retired judge who, acting as third party, will hear the concerns of those seeking a religious exemption. The judge will offer an opinion to the committee.

"We want to be fair," Batory said. "We know this is important to staff members."

For those who do score exemptions, their employment at WellSpan might be safe, but their position might not be, he said.

"We always reserve the right to adjust their workload to best protect the patients," Batory said. "If someone who gets an exemption is working in a high-risk area, WellSpan could or may ask them to work in another lower risk area. That would be on a case-by-case basis."

Tips for battling the flu

Keep these tips handy for the next time flu season comes around:

--- Take time to get a flu vaccine. The CDC recommends a yearly flu vaccine as the first and most important step in protecting against flu viruses.

--- Avoid close contact with sick people. If you are sick with flu-like illness, the CDC recommends that you stay home for at least 24 hours after your fever is gone except to get medical care or for other necessities.

--- Avoid touching your eyes, nose and mouth. Germs spread this way.

--- If you get the flu, antiviral drugs can treat your illness. Antiviral drugs are different from antibiotics. They are prescription medicines and are not available over-the-counter.

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